Neutral Citation No. - 2025:AHC:106976 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.3) Court No. - 78 Case :- APPLICATION U/S 482 No. - 37363 of 2024 Applicant :- Rajeev Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gambhir Singh Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Gambhir Singh, learned counsel for the applicants and Sri Rajesh Kumar Gupta, learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 15.07.2024 passed in Complaint Case No.2604 of 2022 (Smt. Sushmita vs. Rajeev Kumar and Others) under Sections 406 I.P.C., Police Station- Majhola, District- Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 6, Moradabad. 3. It is stated by learned counsel for the applicants that applicant no.1 is the husband of the opposite party no.2. There was a matrimonial dispute between the parties and for the same incidents an F.I.R. under Section 498A I.P.C. has already been filed by the opposite party no.2. Subsequent to registration of F.I.R. under Section 498A etc., the instant complaint case has been filed by the opposite party no.2, demanding her Stridhan and the articles given in dowry during the marriage. The trial court having satisfied a prima facie case against the applicants, on the basis of the complaint as well as the statement of witness under Sections 200 and 202 Cr.P.C., having found a prima facie case, has summoned the applicants herein, therefore, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case as well as the summoning order. 4. Per contra, learned A.G.A. for the State submits that from the allegations made in the complaint supported by the evidence of witnesses under Sections 200 and 202 Cr.P.C., a prima facie case is made out against the applicants herein. In view thereof, no interference is called for in the instant application. 5. Having heard the rival submissions made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that the applicant no.1 was married to the opposite party no. 2 on 11.05.2023. Subsequent thereto, there was matrimonial dispute between the parties. In connection therewith an F.I.R. was lodged by the opposite party no.2 against the applicants herein under Section 498A I.P.C. etc., and under the provisions of the Dowry Prohibition Act. Subsequent thereto, the instant complaint has been lodged by the opposite party no.2 seeking refund of her Stridhan, which is in possessions of the applicants herein. The allegations made in the instant complaint are supported by the statement of witnesses under Sections 200 and 202 Cr.P.C.. 6. Therefore, in the considered opinion of this Court a prima facie case is made out against the applicants, therefore, no interference is called for and the same is accordingly dismissed. Order Date :- 8.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad